B-131841, JUL. 26, 1957

TO MAJOR L. A. BALLINGER, DISBURSING OFFICER, UNITED STATES MARINE CORPS:

BY FIRST INDORSEMENT DATED MAY 9, 1957, THE COMMANDANT OF THE MARINE CORPS FORWARDED HERE YOUR LETTER OF MAY 1, WITH ENCLOSURES, REQUESTING A DECISION AS TO WHETHER LIEUTENANT COLONEL L. A. CHRISTOFFERSEN, USMC, MAY BE PAID ADDITIONAL PER DIEM IN CONNECTION WITH TEMPORARY ADDITIONAL DUTY PERFORMED FROM FEBRUARY 17 THROUGH APRIL 10, 1957.

THE RECORD SHOWS THAT PURSUANT TO ORDERS DATED FEBRUARY 4, 1957, THE OFFICER PROCEEDED FROM HIS STATION AT MARINE CORPS AIR STATION, CHERRY POINT, NORTH CAROLINA, TO WASHINGTON, D.C., REPORTING TO THE COMMANDANT OF THE MARINE CORPS HEADQUARTERS, U.S. MARINE CORPS,"FOR TEMPORARY ADDITIONAL DUTY IN A FLYING STATUS INVOLVING OPERATIONAL OR TRAINING FLIGHTS AS A MEMBER OF A SELECTION BOARD TO SELECT MASTER SERGEANTS FOR APPOINTMENT TO THE RANK OF SERGEANT MAJOR AND FIRST SERGEANT.' AFTER HAVING COMPLETED THE TEMPORARY ASSIGNMENT HE RETURNED TO HIS STATION AND RESUMED HIS REGULAR DUTIES IN COMPLIANCE WITH ORDERS.

IT IS SHOWN THAT THE OFFICER LEFT HIS PERMANENT STATION AT 8:30 A.M. AND PROCEEDED TO WASHINGTON, D.C., BY PRIVATELY-OWNED AUTOMOBILE ARRIVING THERE AT 4:30 P.M., FEBRUARY 17, 1957. UPON COMPLETING THE ASSIGNMENT HE DEPARTED FROM WASHINGTON, D.C., BY GOVERNMENT AIRCRAFT AT 4:30 P.M., AND ARRIVED AT HIS OFFICIAL STATION AT 10:00 P.M., APRIL 10, 1957. ON FOUR OCCASIONS DURING THE ABOVE-MENTIONED PERIOD, HE RETURNED TO HIS OFFICIAL STATION OVER WEEK ENDS FOR PERSONAL REASONS. HIS SUBSEQUENT CLAIM FOR $542.35, OF WHICH $33.60 REPRESENTED MILEAGE FOR ROUNDTRIP TRAVEL BETWEEN CHERRY POINT AND WASHINGTON, AND $508.75 COVERED PER DIEM ALLEGEDLY DUE FOR 45 3/4 DAYS WAS PAID ON VOUCHER NO. 838 IN YOUR APRIL 1957 ACCOUNTS.

SUBSEQUENT TO RECEIPT OF THE ABOVE-MENTIONED PAYMENT COLONEL CHRISTOFFERSEN EXECUTED A SUPPLEMENTAL CLAIM FOR THE EQUIVALENT OF SEVEN AND ONE-FOURTH DAYS ADDITIONAL PER DIEM TOTALING $63.45--- $80.25, LESS A CREDIT OF $16.80 PREVIOUSLY PAID HIM AS MILEAGE (336 MILES AT ?05), SINCE HE UTILIZED GOVERNMENT AIRCRAFT WHEN RETURNING FROM WASHINGTON TO CHERRY POINT ON APRIL 10, 1957. COLONEL CHRISTOFFERSEN EXPRESSES THE VIEW THAT HE IS ENTITLED TO THE ADDITIONAL PER DIEM FOR THE REASON THAT HE DID NOT OCCUPY GOVERNMENT QUARTERS AT WASHINGTON, D.C. HE STATES THAT HE WAS REQUIRED TO PROCURE QUARTERS FROM A COMMERCIAL CONCERN DURING THE ENTIRE PERIOD FEBRUARY 17 THROUGH APRIL 9, INCLUDING WEEKENDS SPENT AT CHERRY POINT, AND FOR TRAVEL TIME EN ROUTE TO AND FROM HIS PERMANENT DUTY STATION. ATTACHED TO THE SUPPLEMENTAL VOUCHER ARE PAID RECEIPTS WHICH TEND TO SUPPORT THE OFFICER'S CONTENTION CONCERNING EXPENDITURES MADE BY HIM FOR QUARTERS.

PARAGRAPH 3050 (1) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES AS AUTHORIZED IN ACCORDANCE WITH EXISTING REGULATIONS ONLY WHILE ACTUALLY IN A TRAVEL STATUS. IT IS ALSO PROVIDED THAT A MEMBER WILL BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM HIS PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT TRAVEL ORDERS. PARAGRAPH 3050-3 EXPRESSLY PROVIDES THAT A TRAVEL STATUS WILL TERMINATE WITH RETURN TO THE PERMANENT DUTY STATION, AND PARAGRAPH 3000-1 PROVIDES THAT NO REIMBURSEMENT FOR TRAVEL IS AUTHORIZED UNLESS ORDERS BY COMPETENT AUTHORITY HAVE BEEN ISSUED THEREFOR. ALSO, PARAGRAPH 4205-2 OF THE CITED REGULATIONS (CHANGE 51, EFFECTIVE OCTOBER 1, 1956), PROVIDES THAT IN COMPUTING THE TEMPORARY DUTY PER DIEM ALLOWANCE FOR A CONTINUOUS TRAVEL STATUS OF MORE THAN TEN HOURS, THE CALENDAR DAY (MIDNIGHT TO MIDNIGHT) WILL BE THE UNIT SUBDIVIDED INTO FOUR QUARTERLY PERIODS ENDING AT 0600, 1200, 1800, AND 2400 HOURS. FOR FRACTIONAL PARTS OF A DAY ON THE DAYS OF DEPARTURE FROM, ARRIVAL AT, OR RETURN TO A PERMANENT DUTY STATION IN CONNECTION WITH SUCH TRAVEL STATUS, ONE FOURTH OF THE AUTHORIZED PER DIEM RATE WILL BE ALLOWED FOR EACH PERIOD OF SIX HOURS OR FRACTION THEREOF DURING WHICH A TRAVEL STATUS EXISTS.

UNDER THE CIRCUMSTANCES DISCLOSED, NO RIGHT TO PER DIEM ACCRUED TO THE OFFICER FOR THE DAYS OR QUARTERLY PERIODS THAT HE WAS AT HIS PERMANENT STATION, NOR FOR QUARTER-DAY PERIODS DURING WHICH HE WAS NOT -- IN AN OFFICIAL TRAVEL STATUS--- ENGAGED ON PUBLIC BUSINESS AWAY FROM HIS PERMANENT STATION. SEE OUR DECISION B-127225, DATED JULY 6, 1956, COPY ATTACHED. COMPARE 33 COMP. GEN. 98; 35 ID. 650. THE FACT THAT THE OFFICER MAY HAVE PAID FOR QUARTERS FOR EACH AND EVERY DAY FROM FEBRUARY 17 THROUGH APRIL 9, 1957, FORMS NO BASIS FOR THE ALLOWANCE OF PER DIEM CONTRARY TO REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAW. ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON COLONEL CHRISTOFFERSEN'S VOUCHER, WHICH TOGETHER WITH OTHER RELATED PAPERS, WILL BE RETAINED HERE.

UNDER HIS ORDERS DATED FEBRUARY 4, 1957, COLONEL CHRISTOFFERSEN WAS DIRECTED TO PERFORM ADDITIONAL TEMPORARY DUTY AT WASHINGTON, D.C., AND IN FULFILLING THAT ASSIGNMENT ONLY ONE ROUND TRIP WAS NECESSARY BETWEEN CHERRY POINT AND THE TEMPORARY STATION. NO OTHER OFFICIAL TRAVEL UPON PUBLIC BUSINESS WAS DIRECTED OR REQUIRED UNDER THOSE ORDERS. SINCE THE RECORD CLEARLY SHOWS THAT THE TRAVEL PERFORMED BY COLONEL CHRISTOFFERSEN ON THE WEEKENDS DESIGNATED BELOW WAS FOR PERSONAL REASONS AND NOT PURSUANT TO ORDERS, IT FOLLOWS THAT HE HAS BEEN OVERPAID PER DIEM IN THE NET AMOUNT OF $12.75 COMPUTED AS FOLLOWS:

TABLE

PER DIEM 1957 DUE PAID OVERPAID UNDERPAID FEB. 21 DEPART WASHINGTON 1630

DO. 22 ARRIVE CHERRY PT. 0100 NONE $ 2.25 $ 2.25 FEB. 24 DEPART CHERRY PT. 1300)

DO. 24 ARRIVE WASHINGTON 2100) $ 3.00 6.00 3.00 MAR. 8 DEPART DO. 1900 12.00 9.00 $ 3.00

DO. 9 ARRIVE CHERRY PT. 0245 NONE 2.25 2.25

DO. 10 DEPART DO. DO. 1330

DO. 10 ARRIVE WASHINGTON 2200 3.00 6.00 3.00

DO. 22 DEPART DO. 2220 10.00 9.00 1.00

DO. 23 ARRIVE CHERRY PT. 0015 NONE 2.25 2.25

DO. 24 DEPART DO. DO. 1500

DO. 24 ARRIVE WASHINGTON 1630 2.50 5.00 2.50

DO. 29 DEPART DO. 1730

DO. 29 ARRIVE CHERRY PT. 1930 7.50 9.00 1.50

$38.00 $50.75 $16.75 $ 4.00

IN ADDITION TO THE SUM OF $12.75 FOUND DUE THE UNITED STATES THE RECORD SHOWS THAT COLONEL CHRISTOFFERSEN PREVIOUSLY CLAIMED AND WAS PAID MILEAGE IN THE AMOUNT OF $16.80 FOR TRAVEL FROM WASHINGTON TO CHERRY POINT, WHEREAS RETURN TRAVEL TO HIS PERMANENT DUTY STATION WAS PERFORMED BY GOVERNMENT AIRCRAFT ON APRIL 10, 1957, RESULTING IN AN ADDITIONAL OVERPAYMENT OF $16.80 (336 MILES AT ?05 PER MILE). ACCORDINGLY, THE TOTAL OF OVERPAYMENT $29.55 NOW DUE FROM COLONEL CHRISTOFFERSEN SHOULD BE COLLECTED AT THE EARLIEST PRACTICABLE DATE.